4008-1

RULE 4008-1 REAFFIRMATION  [Modified 9/9/13]

(a) Mandatory Reaffirmation Agreement Form. In cases filed on or after October 17, 2005, the most current version of Reaffirmation Agreement Form 240A shall be used and must be accompanied by the cover sheet prescribed by Official Form 27.

 

(b) Pro se Reaffirmation Agreements.

 

(1) Pro se debtors must complete Part E of the reaffirmation agreement, entitled "Motion For Court Approval of Reaffirmation Agreement”, unless the agreement concerns real estate, or the debtor is reaffirming a debt with a credit union. Failure to complete Part E, "Motion For Court Approval” will result in the reaffirmation agreement being treated as defective, and if not cured within the deficiency period, will result in the agreement being stricken.

 

(c) Defective Reaffirmation Agreements. If a filed reaffirmation agreement is not in compliance with 11 U.S.C. § 524(k), Fed. R. Bankr. P. 4008, or these LBRs, the agreement will be stricken, and no further action will be taken.

 

(d) Reaffirmation agreement without Attorney Certification.  In cases where debtor’s counsel has not signed the Attorney Certification in Part C of the Agreement, a hearing will be conducted and debtor’s counsel will be required to attend with the debtor.